2003 (12) TMI 384

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....ard Shri Kishore Acharya, Advocate on behalf of the appellants. He stated that the appellants are exporters of shrimps. They filed shipping bill dated 28-5-1998 at Visakhapatnam port for export of a consignment of 850 cartons of peeled and undeveined (hereinafter referred to as PUD) red tiny shrimps to USA. The customs authority at Visakhapatnam port observed that the declared prices were lesser than the comparative recorded price of earlier exports through Visakhapatnam Port and also the prices of PUD shrimps reported in the price bulletin 'PRIME' issued by Marine Products Export Development Authority (hereinafter referred to as MPEDA), Cochin. The appellants submitted a certificate from MPEDA, Bhubaneswar to the effect that the prices cha....

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....Forte Garments [2002 (150) E.L.T. 622 (Tri. - Chennai)]. The appellants were not informed about details regarding composition, quantity period of export, destination of export, etc. for taking the comparative prices of allegedly similar goods exported through Visakhapatnam port or Chennai port. The prices published in PRIME are indicative prices and cannot be the basis for enhancement of value. He relied on the following decisions : (1)        Radha V. Company v. CC, Mumbai [2003 (156) E.L.T. 810 (Tri. - Mumbai)] (2)        Prabhu Dayal Prem Chand v. CC, New Delhi [2003 (156) E.L.T. 922 (Tri. - Delhi)] (3)        Gujarat State E....

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....stoms Act reads as under :- "Section 14. Valuation of goods for purposes of assessment. - (1) For the purposes of the Customs Tariff Act, 1975 (51 of 1975), or any other law for the time being in force where under a duty of customs is chargeable on any goods by reference to their value, the value of such goods shall be deemed to be the price at which such or like goods are ordinarily sold, or offered for sale, for delivery at the time and place of importation or exportation, as the case may be, in the course of international trade, where -  (a)    the seller and the buyer have no interest in the business of each other; or  (b)    one of them has no interest in the business of the other, an....